Under Arkansas Law, there is a two-prong legal standard for change of custody. In order for a non-custodial parent to successfully petition a court for custody of his child, he has to prove, through evidence and testimony, that there has been a material change of circumstances in the custodial home that would warrant such a change of custody, and that changing custody is in the best interests of the child.
The material change of circumstances prong is like a hurdle the petitioner has to jump. He has to show that something significant has occurred that warrants a custody change. Examples: if the custodial parent has acquired a drug problem, an abusive new significant other, or has neglected the child’s education to the point that the child has poor grades in school, these would all likely be considered material changes in circumstances.
The best interests prong is more of a weighing of the relative upsides and downsides of awarding each party custody. If you can show several tangible ways that awarding you custody is better for the child than the alternative, it becomes easier to prevail in the overall case.
Finally, note that if you can’t show that a material change of circumstances has occurred, the court will never get to a best interests analysis, and the case will be dismissed.
FREQUENTLY ASKED QUESTIONS
FAQ: Do courts favor moms over dads?
The law favoring mothers over fathers in custody cases involving young children, sometimes referred to the “tender years doctrine” was abolished years ago. In our experience, Courts tend to award custody to the parent who can show, through competent evidence, that it is in the child’s best interests to be with that parent.
FAQ: What if the child wants to come and live at my house now?
Under Arkansas law, it is not enough that the child simply wants to go and live with the non-custodial parent, even if the child feels very strongly about it. There has to be more than that to constitute a material change of circumstances.
FAQ: What if the non-custodial parent has significantly improved his station in life (remarried a saintly spouse, hits the million dollar lottery, etc) and now wants to pursue custody?
Again, by itself, this is not enough. There still has to be a material change of circumstances in the custodial parent’s home. It is noteworthy that the Arkansas Court of Appeals found a non-custodial parent’s significant positive change in circumstances was enough when it was accompanied by a deterioration of the circumstances in the custodial home, but the case in which that occurred was an exception to a long-observed rule that the material change must have occurred in the custodial home.
LET US HANDLE YOUR CUSTODY CASE
We frequently represent clients on both sides of this scenario, non-custodial parents seeking to take custody, and custodial parents fighting to keep from having custody taken away. There are some tried and true methods and tactics that yield good results in custody cases
Let us put our substantial knowledge and experience to work for you in your child custody case.